AP Government Chapters 4 and 5

Which of the following scenarios would most likely be considered a violation of the Fifth Amendment?

A suspect is not informed that anything he says while under arrest can be used in his trial against him (The Fifth Amendment protects people from incriminating themselves. Under the Miranda rule, suspects must be informed of their Fifth Amendment rights after they are arrested.)

Which of the following Supreme Court Cases ruled that "separate but equal" public schools are a violation of the equal protection clause of the 14th Amendment?

Brown v. Board of Education (1954) (In Brown v. Board of Education (1954), the Supreme Court ruled that race-based school segregation violates the Equal Protection Clause, extending protections to the civil rights of minority groups.)

Which of the following describes a reason why the Framers decided to include a Bill of Rights?

It was specifically designed to protect individual liberties and rights from a strong central government (Anti-Federalists pushed for the inclusion of a Bill of Rights because they believed that the Constitution created a strong central government with no protections for the individual.)

A right to privacy is best defined as which of the following?

People are protected from the government infringing in their personal life (Established in several rulings by the Supreme Court, a right to privacy is best defined as the right to a private personal life free from government infringement.)

Selective incorporation is best defined as which of the following?

The constitutional doctrine that applies some, but not all, protections of the Bill of Rights to the states and to all levels of government (This is an accurate definition of selective incorporation: a right is incorporated to the states and other levels of government if it is judged to be "fundamental.")

In 1954, the Supreme Court ruled that race-based segregation in a public school system was unconstitutional. Which of the following constitutional provisions did the Supreme Court use to support their decision?

The equal protection clause of the Fourteenth Amendment (The equal protection clause of the Fourteenth Amendment stipulates that no state shall "deny to any person within its jurisdiction the equal protection of the laws." The Court ruled in Brown v. Board (1954) that the "separate but equal" doctrine was inherently unequal as it created a sense of inferiority in African American children.)

"In ... [certain] cases, immunities that are valid as against the federal government by force of the specific pledges of particular amendments have been found to be implicit in the concept of ordered liberty, and thus, through the Fourteenth Amendment, become valid as against the states." -Associate Justice Cardozo, majority opinion in Palko v. Connecticut (1937). Based on the text, which of the following statements would the author most likely agree with?

The question of whether or not a right applies to the states as well as the federal government can be answered by considering if the right is "implicit in the concept of ordered liberty" (This is what Justice Cardozo is arguing in this excerpt; rights that the Court judges to be "fundamental" are selectively incorporated to all levels of government.)

Which of the following best illustrates the concept of civil rights?

The rights of individuals against discrimination based on their race, sex, or other demographic characteristics (Civil rights protect individuals against arbitrary discrimination.)

1. Roe v. Wade (1973) 2. McDonald v. Chicago (2010)

1. Used the Fourteenth Amendment's due process clause to extend the right to privacy to a woman's decision to have an abortion 2. Incorporated the Second Amendment through the Fourteenth Amendment's due process clause (The decisions in both Roe v. Wade and McDonald v. Chicago relied on the due process clause of the Fourteenth Amendment.)

In 2013, Edward Snowden released classified information showing that the National Security Agency (NSA) was conducting a massive surveillance program by collecting data from major cell phone providers. Which of the following amendments provides the basis for an accusation of unconsitutional action by the NSA?

The Fourth Amendment

In 1961, the Supreme Court heard a case in which the police entered into a residence without a warrant looking for a suspect thought to be hiding in the house. While searching for the suspect, the police found illegal pornographic material. The police arrested the homeowner and she was convicted of possessing pornography. The Court decided to throw out the conviction because the police did not have a search warrant. This case is an example of which of the following?

The exclusionary rule (The exclusionary rule states that any evidence found before a warrant is issued cannot be used to convict someone.)

Which of the following scenarios would most likely be considered a violation of the Second Amendment?

A state bans the sale and purchase of handguns (In McDonald v. Chicago (2010), the Court ruled that the Second Amendment applied to the states as well and that owning a handgun for protection was a protected liberty.)

"The District's total ban on handgun possession in the home amounts to a prohibition on an entire class of "arms" that Americans overwhelmingly choose for the lawful purpose of self-defense."-Associate Justice Scalia, majority opinion in D.C. vs Heller (2008) In its D.C. vs Heller ruling, the Court struck down a handgun ban in Washington, D.C. In which Supreme Court ruling was the Second Amendment right to bear arms first incorporated to the states?

McDonald v. Chicago (This 2010 ruling followed D.C. v. Heller in striking down a Chicago handgun ban; D.C. v. Heller was not relevant to the question of incorporation because it concerned Second Amendment rights in a federal district, where all protections of the Bill of Rights apply.)

Based on previous rulings, which of the following scenarios would most likely violate the freedom of speech clause of the First Amendment?

A man is charged with a crime for displaying an American flag with a taped peace symbol on it (This is a real case that made it to the Supreme Court! In Spence v. Washington (1974), the Court ruled that the flag was symbolic speech and that the state had violated the man's First Amendment rights by arresting him.)

"[T]he attending physician, in consultation with his patient, is free to determine, without regulation by the state, that, in his medical judgment, the patient's pregnancy should be terminated. If that decision is reached, the judgment may be effectuated by an abortion free of interference by the State." -Associate Justice Harry Blackmun, majority opinion in Roe v. Wade (1973) Which of the following statements is most consistent with the author's argument in this passage?

The Bill of Rights implies that there is a right to privacy that the government cannot infringe upon (In Roe v. Wade (1973), the Court extended the right of privacy to a woman's decision to have an abortion and incorporated that right to state and local governments.)

"As this Court's cases have made clear, however, the compelling interest that justifies consideration of race in college admissions is not an interest in enrolling a certain number of minority students. Rather, a university may institute a race-conscious admissions program as a means of obtaining 'the educational benefits that flow from student body diversity'. . . . "Increasing minority enrollment may be instrumental to these educational benefits, but it is not, as petitioner seems to suggest, a goal that can or should be reduced to pure numbers." -Associate Justice Anthony Kennedy, opinion of the court in Fisher v. University of Texas (2013) Which of the following statements is most consistent with the author's argument in this passage?

The Constitution only forbids racial classifications when they are designed to harm minorities, not help them (In the excerpt above, Associate Justice Kennedy is saying that race is used as a factor at only one stage of the entire admissions process. In Fisher, the Court ruled in favor of the University of Texas, maintaining that admissions programs can use race as a factor in admissions to meet an educational goal of having a diverse student body.)

1. Gideon v. Wainwright (1963) 2. McDonald v. Chicago (2010)

1. Decided that the state had to provide legal counsel for the poor or indigent 2. Decided that the state could not restrict people from owning a gun for self-defense (Gideon v. Wainwright (1963) decided that states had to provide legal counsel for the poor or indigent. However, in McDonald v. Chicago (2010), the Court ruled that the state could not infringe on a person's right to own a gun for self-defense.)

1. Schenck v. United States (1919) 2. Tinker v. Des Moines (1969)

1. Declared that the federal government can restrict certain types of speech if the words create a "clear and present danger" 2. Declared that wearing a black armband to protest the Vietnam War was a form of symbolic speech (Schenck upheld limits to the First Amendment, while Tinker affirmed that the First Amendment protects symbolic speech.)

1. New York Times Co. v. United States (1971) 2. Schenck v. United States (1919)

1. Established a "heavy presumption against prior restraint" even in cases involving national security 2. Ruled that speech creating a "clear and present danger" is not constitutionally protected (In New York Times, the Court ruled that the Nixon administration violated the First Amendment by trying to stop the publication of leaked information. In Schenck, the Court ruled that the federal government could restrict speech that creates a "clear and present danger.")

Which of the following scenarios would most likely be considered a violation of the Eighth Amendment?

A minor is sentenced to the death penalty (The Supreme Court ruled in 2005 that a minor cannot be sentenced to the death penalty because it is considered cruel and unusual punishment. This scenario would be a violation of the Eighth Amendment.)

Which of the following scenarios would most likely be considered a violation of the Fifth Amendment?

A person is tried twice for the same crime (The Fifth Amendment protects people from double jeopardy, meaning they cannot be tried for the same crime twice.)

In the 1960s and 1970s, women began protesting gender discrimination in colleges and universities, such as unequal scholarship allocation to men's sports and women's sports. Which of the following statements describes how Congress responded to this situation?

Congress passed Title IX of the Education Amendments Act of 1972 (Title IX forbids gender discrimination in education programs (like most universities and colleges) who receive federal funds.)

Which of the following policies is an example of specific legislation that extended civil rights to women?

Title IX of the Education Amendments Act of 1972 (Title IX forbids gender discrimination in education programs (like most universities and colleges) who receive federal funds.)

1. Roe v. Wade (1973) 2. Brown v. Board of Education (1954)

1. Ruled on the due process clause of the Fourteenth Amendment 2. Ruled on the equal protection clause of the Fourteenth Amendment (Both Roe v. Wade and Brown v. Board of Education were Fourteenth Amendment cases, though Roe v. Wade relied on the due process clause, and Brown v. Board relied on the equal protection clause.)

"There are other good things of less moment. I will now add what I do not like [about the Constitution]. First the omission of a bill of rights providing clearly & without the aid of sophisms for freedom of religion, freedom of the press, protection against standing armies, restriction against monopolies, the eternal & unremitting force of the habeas corpus laws, and trials by jury in all matters of fact triable by the laws of the land & not by the law of Nations. . . . Let me add that a bill of rights is what the people are entitled to against every government on earth, general or particular, & what no just government should refuse or rest on inference." -Thomas Jefferson, letter to James Madison, 20 December 1787 Which of the following statements best summarizes Jefferson's argument?

A bill of rights is necessary to protect civil liberties from infringement from the federal government (In the excerpt above, Jefferson is arguing for the adoption of a bill of rights to protect liberties like freedom of religion and "protection against standing armies.")

Which of the following scenarios is an example of how a state can reasonably restrict speech protected under the First Amendment?

A group of protesters is arrested after staging a sit-in on the governor's front lawn to protest a Voter ID law (The Supreme Court has ruled that the government can place reasonable restrictions on the time, place, and manner of protected speech. These restrictions cannot reference the content of the protected speech and must also be tailored to meet a specific government interest.)

Which of the following scenarios is an example of how a state may constitutionally limit free speech at a protest demonstration?

Antoni starts yelling for other protestors to light buildings on fire and the police arrest him (Enticing people to damage property and endanger people's lives is an example of when the state can restrict free speech.)

"An unjust law is a code that a majority inflicts on a minority that is not binding on itself. This is difference made legal. On the other hand, a just law is a code that a majority compels a minority to follow, and that it is willing to follow itself. This is sameness made legal." -Dr. Martin Luther King, Jr., Letter from a Birmingham Jail, 1963. Supporters of King's view that just laws treat the majority and minority the same could point to which of the following Supreme Court cases?

Brown v. Board of Education of Topeka (1954) (Brown v. Board ruled that segregating public school students on the basis of race was inherently unequal.)

"The Constitution instructs all who act for the government that they may not 'deny to any person . . . the equal protection of the laws.' In implementing this equality instruction, as I see it, government decisionmakers may properly distinguish between policies of exclusion and inclusion. Actions designed to burden groups long denied full citizenship stature are not sensibly ranked with measures taken to hasten the day when entrenched discrimination and its after effects have been extirpated." -Associate Justice Ruth Bader Ginsburg, dissenting opinion in Gratz v. Bollinger (2003) Based on the text, which of the following statements would the author most likely agree with?

Colleges and universities should be allowed to use race as a factor in admissions (Associate Justice Ginsburg implies that affirmative action ("measures taken to hasten the day when entrenched discrimination and its after effects have been extirpated") does not represent a denial of equal protection, and therefore is constitutional.)

Which of the following scenarios would likely be considered an unconstitutional use of state power under the due process clause of the Fourteenth Amendment?

Florida passes a law denying legal counsel to suspected terrorists (The due process clause of the Fourteenth Amendment incorporates the Fifth Amendment protections for the accused into the states.)

In 1976, a Nebraska state trial judge issued a gag order, restricting the press from publishing or broadcasting information about the case. The Nebraska Press Association appealed the ruling and the case went to the Supreme Court. The Court ruled that the press reporting events surrounding the trial would not affect the defendant's right to a fair trial. Which of the following constitutional protections or clauses does this case have in common with New York Times Co. v. United States (1971)?

Freedom of the press (New York Times Co. v. United States bolstered the freedom of the press by establishing a "heavy presumption against prior restraint," or government censorship before publication.)

The "public safety" exception to the Miranda rule can best be defined as which of the following?

It allows the police to perform unwarned interrogation to stand as direct evidence in court if the information will help protect the public (Under the Miranda rule, law enforcement officers are required to inform a person of their Fifth and Sixth Amendment rights before any interrogation. The "public safety" exception says that officers can interrogate a suspect without informing them of their rights if they have information that's a threat to the public.)

Which statement accurately summarizes the impact of the Wisconsin v. Yoder (1972) decision?

It emphasized the right of parents to control the religious upbringing of their children without state infringement (In the Wisconsin v. Yoder (1972) decision, the Supreme Court prioritized the civil liberties of individuals over the power of state governments. The Court ruled that Amish students did not have to attend public school past the eighth grade because it violated their rights to exercise their religious practices.)

Which of the following statements best explains why the Civil Rights Act of 1964 was a significant political event?

It prohibited discrimination in public places, employment, and voting (The Civil Rights Act of 1964 prohibited segregation of public facilities, as well as discrimination on the basis of race, color, sex, religion, or national origin.)

"No union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice, and family . . . It would misunderstand these men and women to say they disrespect the idea of marriage. Their plea is that they do respect it, respect it so deeply that they seek to find its fulfillment for themselves. Their hope is not to be condemned to live in loneliness, excluded from one of civilization's oldest institutions. They ask for equal dignity in the eyes of the law. The Constitution grants them that right." -Justice Anthony Kennedy, majority opinion in Obergefell v. Hodges (2015) Based on the text, which of the following statements would the author most likely agree with?

Marriage is a fundamental right under the Fourteenth Amendment's equal protection and due process clauses (Kennedy writes that the Constitution grants same-sex couples equal dignity, and therefore they must have the right to marry and enjoy the privileges of marriage.)

Which of the following actions by a news organization would most likely be protected from prior restraint based on the precedent established by New York Times Co. v. United States (1971)?

Reporting on a protest calling for the end of military involvement in South Korea (In New York Times Co. v. United States (1971), the Supreme Court bolstered the freedom of the press, establishing a "heavy presumption against prior restraint" even in cases involving national security. In the scenario above, the federal government would be restricting the content of speech, not protecting national security.)

Which of the following amendments protects citizens from unreasonable searches and seizures?

The Fourth Amendment (The Fourth Amendment protects individuals from their homes, their persons, and their things being subject to unreasonable search and seizure.)

"An unjust law is a code inflicted upon a minority which that minority had no part in enacting or creating because it did not have the unhampered right to vote. Who can say that the legislature of Alabama which set up the segregation laws was democratically elected? Throughout the state of Alabama all types of conniving methods are used to prevent Negroes from becoming registered voters, and there are some counties without a single Negro registered to vote, despite the fact that the Negroes constitute a majority of the population. Can any law set up in such a state be considered democratically structured?" -Dr. Martin Luther King, "Letter from a Birmingham Jail," 1963 Which of the following governmental policies would the author most likely support as a solution to the problems described in this passage?

The Voting Rights Act of 1965 (The Voting Rights Act of 1965 forbade the use of formal and informal structural barriers to African American suffrage, like literacy tests.)

In 1988 and 1989, the Pennsylvania legislature amended its abortion control law. The changes included requiring a 24 hour waiting period for the procedure and that a married woman must notify her husband that she intends to have an abortion. In a 5-4 ruling, the Court upheld most of the Pennsylvania laws because they did not create a "substantial obstacle" to a woman seeking an abortion. This became known as the undue-burden test. Which of the following constitutional provisions does the case described in the scenario have in common with Roe v. Wade (1973)?

The due process clause (The due process clause of the 14th Amendment prohibits governments from depriving a person's life, liberty, or property without due process of law. In both the case above and Roe v. Wade (1973), the Court is interpreting the extent to which the state can interfere with a person's right to privacy. Right to privacy is an individual liberty implied in the Bill of Rights.)

In 1961, students who attended public schools in Pennsylvania were required to read at least ten verses from the Bible. After students finished reading the readings, school officials required that all students recite the Lord's Prayer. In 1963, the Supreme Court heard the case and ruled that the readings and recitations violated a provision of the First Amendment. Which of the following constitutional clauses does this case have in common with Engel v. Vitale (1962)?

The establishment clause (The establishment clause prohibits the federal government from making an official American religion. In both Engel v. Vitale (1962) and the case described in the scenario, the Court ruled that the school districts had violated the establishment clause by sponsoring religious prayer of one religion.)

When the Bill of Rights was ratified in 1789, the amendments protected civil liberties infringement from which levels of government?

The federal government only (Delegates insisted on the inclusion of the Bill of Rights as a way to protect individual liberties from a strong central government.)

"National security and privacy are not mutually exclusive. They can both be accomplished through responsible intelligence gathering and careful respect for the freedoms of law-abiding Americans." -A quote from Senator James Lankford of Oklahoma in response to the passage of the USA Freedom Act, 2015 Based on the text, which of the following statements would Senator Lankford most likely agree with?

The prohibition of unreasonable searches and seizures are intended to ensure that citizen liberties are not superseded by the need for social order and security (Senator Lankford is arguing that the government cannot infringe on people's Fourth Amendment rights for the sake of national security.)

1. Brown v. Board of Education (1954) 2. Roe v. Wade (1973)

1. Decided that segregation in schools violates the equal protection clause 2. Decided that the right to privacy extends to a woman's right to have an abortion Roe v. Wade (1973) extended the right of privacy to a woman's decision to have an abortion while recognizing compelling state interests in potential life and maternal health. The Brown decision overturned Plessy v. Ferguson (1896) and reexamined the application of the equal protection clause.

1. Gideon v. Wainwright (1963) 2. Roe v. Wade (1973)

1. Decided that the state had to provide legal counsel for the poor or indigent 2. Decided that the right to privacy extended to a woman's right to have an abortion (In Gideon v. Wainwright (1963), the Court ruled that state and local courts had to provide legal counsel to the poor or indigent. Roe v. Wade (1973) extended the right of privacy to a woman's decision to have an abortion while recognizing compelling state interests in potential life and maternal health.)

The free exercise clause is best defined as which of the following?

A provision of the First Amendment that prohibits the government from interfering with someone's ability to practice their religion (The free exercise clause states that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; . . ." The free exercise clause is meant to protect individuals from government infringement on their religious freedom)

The exclusionary rule can best be described as which of the following?

Evidence obtained without a search warrant is subject to being excluded from use at a trial to convict someone (The exclusionary rule protects defendants from abuses of police power by requiring courts to disregard evidence that was found illegally.)

In 1961, the Supreme Court heard a case in which the police entered into a residence without a warrant looking for a suspect thought to be hiding in the house. While searching for the suspect, the police found illegal pornographic material. The police arrested the homeowner and she was convicted in state court of possessing pornography. The Court decided to throw out the conviction because the police did not produce a search warrant, violating the right of the accused to be protected against an unreasonable search and seizure. Which of the following statements best explains the impact of this decision?

It applied the Fourth Amendment to the states through the incorporation doctrine (The case in the scenario above is Mapp v. Ohio (1961). The Court ruled that state courts cannot use evidence obtained illegally to convict someone of a crime. Protection from unreasonable search and seizure falls under the Fourth Amendment.)

Which statement accurately summarizes the impact of the New York Times Co. v. United States (1971) decision?

It limited the federal government's power to censor free speech or the publication of classified information (The Court ruled in New York Times Co. v. United States (1971) that the Nixon Administration had failed to justify "prior restraint" and could not block the publication of the "Pentagon Papers.")

"As the quotations earlier in this opinion demonstrate, the inherent right of self-defense has been central to the Second Amendment right. The handgun ban [by the District of Columbia] amounts to a prohibition of an entire class of 'arms' that is overwhelmingly chosen by American society for that lawful purpose. The prohibition extends, moreover, to the home, where the need for defense of self, family, and property is most acute. Under any of the standards of scrutiny that we have applied to enumerated constitutional rights. . . banning from the home 'the most preferred firearm in the nation to 'keep' and use for protection of one's home and family, . . .would fail constitutional muster.'" -Associate Justice Antonin Scalia, majority opinion in District of Columbia v. Heller (2008) Supporters of Scalia's view that handgun bans violate Second Amendment rights could cite which of the following Supreme Court cases to support their argument?

McDonald v. Chicago (2010) (In McDonald v. Chicago (2010), the Court ruled that an individual's right to own a gun is protected against infringement by state and local governments.)

In the 1960s, Connecticut had a law prohibiting counselors from providing advice to married couples on how to prevent pregnancy. Police officers arrested the Executive Director of the Planned Parenthood League of Connecticut after she disobeyed this law. In 1965, the Supreme Court heard the case and ruled that protections in the Bill of Rights imply that people have a right to privacy. Which of the following cases is also an example of a right-to-privacy case?

Roe v. Wade (1973) (Roe v. Wade (1973) extended the right of privacy to a woman's decision to have an abortion while recognizing compelling state interests in potential life and maternal health.)

"Who can say that the legislature of Alabama which set up that state's segregation laws was democratically elected? Throughout Alabama all sorts of devious methods are used to prevent Negroes from becoming registered voters, and there are some counties in which, even though Negroes constitute a majority of the population, not a single Negro is registered. Can any law enacted under such circumstances be considered democratically structured?" -Excerpt from King, Martin Luther Jr., "Letter from the Birmingham Jail" in Why We Can't Wait, ed. Martin Luther King, Jr., 77-100, 1963. The "devious methods" mentioned in this passage refer to which of the following?

Structural barriers (This term describes legal obstructions used to prevent groups of people from voting and participating democratically.)

"As the quotations earlier in this opinion demonstrate, the inherent right of self-defense has been central to the Second Amendment right. The handgun ban [by the District of Columbia] amounts to a prohibition of an entire class of 'arms' that is overwhelmingly chosen by American society for that lawful purpose. The prohibition extends, moreover, to the home, where the need for defense of self, family, and property is most acute. Under any of the standards of scrutiny that we have applied to enumerated constitutional rights. . . banning from the home 'the most preferred firearm in the nation to 'keep' and use for protection of one's home and family, . . .would fail constitutional muster.'" -Associate Justice Antonin Scalia, majority opinion in District of Columbia v. Heller (2008) Which of the following statements is most consistent with the author's argument in this passage?

The Second Amendment protects a person's right to own a gun from government infringement (Justice Scalia says that "the right of self-defense has been central to the Second Amendment right," making a handgun ban unconstitutional.)

In 1988 and 1989, the Pennsylvania legislature amended its abortion control law. The changes included requiring a 24 hour waiting period for the procedure and that a married woman must notify her husband that she intends to have an abortion. In a 5-4 ruling, the Court upheld most of the Pennsylvania laws because they did not create a "substantial obstacle" to a woman seeking an abortion. This became known as the undue-burden test. Which of the following statements best summarizes the relationship between the case described in the scenario and Roe v. Wade (1973)?

The decision in the case above upheld Roe v. Wade (1973), but created a new standard to determine if the state was interfering with a woman's right to choose (The Court decided to uphold the decision in Roe v. Wade (1973) by not declaring abortions illegal again. They also created the undue-burden test that determined whether the state's regulations on abortions created a barrier to a woman's right to choose.)

In 1961, Clarence Earl Gideon stood trial in Florida, accused of robbing a pool hall. Gideon was poor and could not afford a lawyer. He requested that the court provide one for him, but Florida only provided lawyers for defendants accused of capital offenses. The Supreme Court decided to throw out the conviction because lawyers were necessary to ensure a fair trial. The Court ruled that states must provide counsel to defendants too poor to afford lawyers or they are violating the constitutional right to legal counsel. Which of the following constitutional provisions does the case described in the scenario have in common with McDonald v. Chicago (2010)?

The due process clause (The case in the scenario above is Gideon v. Wainwright (1963) in which the Court incorporated the Sixth Amendment and applied it to the states. In both Gideon and McDonald, the Court uses the due process clause to apply amendments to state and local governments. Both cases are examples of the incorporation doctrine.)

"In the First Amendment, the Founding Fathers gave the free press the protection it must have to fulfill its essential role in our democracy. The press was to serve the governed, not the governors. The Government's power to censor the press was abolished so that the press would remain forever free to censure the Government. The press was protected so that it could bare the secrets of government and inform the people. Only a free and unrestrained press can effectively expose deception in government." -Justice Hugo Black Based on the text, which of the following statements would the author most likely agree with?

There should be a "heavy presumption against prior restraint" of freedom of speech (In New York Times Co. v. United States (1971), the Court argued that it was likely to declare any form of government censorship unconstitutional.)